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Examples of extrinsic fraud include when “a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court.” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011); see also Bates, 1 Ariz. App. at 168 (“Extrinsic fraud may also consist of deception practiced by the successful party in purposely keeping his opponent in ignorance.”).

a judgment by concealing material facts and suppressing the truth with the intent to mislead the court, this constitutes a fraud upon the court, and the court has the power to set aside the judgment at any time.” Cypress on 4 DOMINGUEZ v. ROWLAND/VANDERMEER Decision of the Court Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011).

As the McNeil court wrote, fraud on the court occurs “[w]hen a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court.” McNeil, 236 Ariz. at 177 ¶ 14 (quoting Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011)).

See Clark, 243 Ariz. at 275, ¶ 13; –02 (App. 1986); see also Dockery, 45 Ariz. at 451 (“knowingly defrauding”) (emphasis added); McNeil, 236 Ariz. at 177, ¶ 14 (“obtain[ing] a judgment by concealing material facts and suppressing the truth with the intent to mislead the court”) (emphasis added) (quoting Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011)).

These elements "must be proven by a preponderance of the evidence and 'the absence of even one element render[s] the statute inapplicable.'" ¶ 16 (App. 2013) ( ¶ 49 (App. 2011)).

Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 31 (App. 2011).

Fraud on the court occurs “[w]hen a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court.” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011).

Fraud upon the court occurs “[w]hen a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court.” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011).

A judgment resulting from a fraud on the court may be set aside “[w]hen a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court.” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011).

A judgment can be set aside “[w]hen a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court.” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011) (where complaint contained material omissions and false statements).

The “purpose” of the CC&Rs, according to the original declaration, was to “protect[] the value, desirability, attractiveness and natural character of the Property.” Although Arizona courts construe the language in CC&Rs “in light of the circumstances surrounding its formulation, with the idea of carrying out its object, purpose and intent,” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 31 (App. 2011) (quoting Powell, 211 Ariz. at 557 ¶ 16), relying solely upon a subjective general statemen

uing CC&Rs, 4 WATSON, et al. v. LEISURE WORLD Decision of the Court we read the language in its ordinary sense and read restrictions “in light of the circumstances surrounding [their] formulation, with the idea of carrying out [their] object, purpose and intent.” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 31 (App. 2011) ( ¶ 16 (2006)).

“We review an award under § 12-349 to determine if there is sufficient evidence to support the finding of a frivolous claim or defense.” Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 49 (App. 2011).

¶31 Rule 60(d)(3) permits the court to set aside a judgment for fraud on the court “[w]hen a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court.” ¶ 13 (App. 2017) (quoting Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011)).

Ass'n, ¶ 31 (App. 2003)) (holding that a statute superseded provisions in a homeowner's association's CC&Rs when the statute directly prohibited a condition contained in the CC&Rs); n.6, ¶ 39 (App. 2011) (noting that "if there is conflict between a statute and the CC&Rs, the statute controls").

“We consider individual sections of a statute in the context of the whole statute, and construe statutory provisions in light of the entire statutory scheme so they may be harmonious and consistent.” Cypress on Sunland Homeowner’s Ass’n v. Orlandini, ¶ 30 (App. 2011) (internal quotations and citations omitted).

Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 42 (App. 2011); ¶ 15 (App. 2014) (“[A] party may be entitled to equitable relief from a provision of a dissolution decree that is procured by extrinsic fraud.”) (internal quotations and citation omitted).

Oakman’s reliance on Villa De Jardines, 227 Ariz. at 94, 96–97, ¶¶ 2, 15, and Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶¶ 4– 6 (App. 2011), is unavailing.

Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 31

¶ 10 (App. 2012); see also Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 31 (App. 2011) (“CC&Rs constitute a contract between property owners as a whole and individual lot owners.”) (citing Ahwatukee Custom Estates Mgmt.

Accord Cypress on Sunland Homeowners Ass’n v. Orlandini, -300, ¶¶ 42-43 (App. 2011) (“When a party obtains a judgment by concealing material facts and suppressing the truth with the intent to mislead the court, this constitutes a fraud upon the court, and the court has the power to set aside the judgment at any time.”).

See Cypress on Sunland Homeowners Ass’n v. Orlandini, , 299-300 ¶ 43, (noting judgment obtained by fraud upon the court may be set aside “without regard to time limits because such fraud harms the integrity of the judicial process, and is a wrong against the institutions set up to protect and safeguard the public”) (citation omitted).

(citing Cypress on Sunland Homeowners Ass’n v. Orlandini, ¶ 49 (App. 2011)).

¶ 42, (complaint contained false statements and material omissions, and counsel made false statements in ex parte hearing); -65, 278 P. 375, 377-78 (1929) (wife lied in affidavit about where husband lived to excuse her failure to provide

Under Rule 60(c)(6), the court may set aside a judgment for fraud on the court at any time “because such fraud harms the integrity of the judicial process and is a wrong against the institutions set up to protect and safeguard the public.” Cypress on Sunland Homeowners Ass’n v. Orlandini, -300, ¶ 43 , , 1179-80 (App.2011) (citations omitted) (internal quotation marks omitted).